EU Law (Non-)Application in/by the EU Member States, by their Authorities and their Courts

Introduction: About the roots of the problem and the need for research

Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, University of Hamburg, language: English, abstract: With a view to the law of the European Union and the widely shared opinion among researchers on it being constituting 'a new legal order', it remains quite questionable why it is indeed being still spoken on deficits in the protection of (social) human rights in the EU. Sharpston (2009: 13) stresses in that respect the big uncertainty among representatives of the legal and judicial systems in the EU Member States and criticises that problems are often brought about by national judges who view 'the whole of EU law as both terra incognita and a most unwelcome intrusion'. In the literature, however, the aspects of the (correct) EU law application in/by the Member States seems to be ignored. Thus, a gap area in research can be justified...